If he is being held without bond, he can be held until such time as the court sets the probation revocation for a hearing. He can not be held in jail for a length of time that would exceed his possible jail or prison sentence. All the time that he is incarcerated would count toward his sentence if his probation is revoked. Normally, probation revocation hearings are set within 30 to 60 days after someone is arrested, depending on the jurisdiction where he is being held.

The first question is why does he have a probation violation? Did he pick up another charge and is the bond on that charge keeping him in jail. Many times attorneys delay probation violations that arise out of new charge in order to see what happens to that charge.

They can be held until the following: 1) the judge signs off on the probation officer's warrant and request for probation suspension, 2) the probation officer's report is completed, and 3) the matter is set for a probation revocation hearing. In my experience in St. Louis it takes about 4-6 weeks before a probation revocation hearing is set. If you get an attorney you can often ask for a bond reduction before that time.

When you are arrested you must be arraigned before a judge within a 24 hour period, but that can take 36 hours in Manhattan, especially on a weekend. If it is a felony then the DA has 72 hours to indict you or you will be released on your own recognizance. If it is a misdemeanor and bail has been set you will be given a date to appear for either a supporting deposition, attorney appearance, probation violation, or for further proceedings. If your attorney does not return your phone calls try a letter. Call his office and have your family try to reach him. Ask him to explain why you are in jail and what he plans for your defense. If you committed a new crime while on probation you will likely be sentenced to jail on the original charge, usually for a year or six months. Your new case could take several months to be plead out and six months to get to trial. You will have to make bail in order to stay out of jail pending your two cases.

Is this a probation violation or parole violation? The answer depend on the foregoing question and what the original charge of conviction was. However, the alleged violator must usually be brought before the judge within 72 hours to have the nature of a probation violation complaint explained to the accused.

That depends on whether it is felony or misdemeanor probation. In the State of Washington, a felony probation violation is dealt with by the Department of Corrections on an administrative basis. Normal violations can only justify 30 days in jail per violation. If the sentence is for a misdemeanor, the court can revoke the balance of time on the original sentence. For a gross misdemeanor that could mean 365 days in jail. However, that could only be imposed after a hearing to determine whether your husband is in violation. At that hearing, the state would have to prove on a "more-likely-than-not" basis that he failed to complete a requirement or in some other way violated his probation. The court has the discretion to hold a defendant in custody pending the hearing but your husband can ask to have the hearing set or admit the violation so he can be given a definite sanction and get on with his life after receiving the sanction. At any rate, he should be receiving credit toward that sanction as long as he sits in jail.

With time waivers, essentially forever. Without time waivers, then he has to be brought to trial within 45 days on any charges. If he is on parole or probation violation hold, then until he is taken to that court to deal with that problem. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Your husband should not be held for more than a few days to a couple of weeks without contact from anyone. If it has been more than a week since your husband's arrest on a probation violation, I suggest that you contact the court in which his case is pending to determine if and when the court date is, and whether he has been appointed counsel. If he has, then you can get the contact information and have your husband write to the lawyer asking the lawyer to come visit him to discuss the case and situation. Technically your husband has a right to hearing on the motion to revoke within 20 days after demanding a hearing. However, this is generally not the best avenue by which to handle a probation revocation.

Your husband has the right to appear in court every 30 days. However, if he is found in violation of his probation he can be sentenced to anything up to the maximum allowable punishment allowed by the charge he is on probation for. If need information on his next court date you should be able to get it from his attorney. If you are unable to reach his attorney or if he will not reply to you, you can call the court in which he is appearing and they will tell you his next date of appearance. You should have a lawyer who practices regularly in the court in which he is charged. Violations of probation are tougher to defend than the underlying case in many instances since your husband has already been found or pled guilty to the charge. Now if he is found to be in violation of his probation, the judge has total discretion under the charging statute to sentence him.

Usually 2-4 days is about as long as most courts will keep him without an update as you called it. Call the attorney and insist upon knowing what's going on with the case and ask why they're holding him for so long without giving him bail or sentencing him. Good luck.

A person can be sentenced for a probation violation up to the amount allowed under the underlying offense. For example, a fifth degree felony theft conviction carries a maximum sentence of twelve months in prison. If you are placed on community control, but then violate the terms and the court revokes your status on community control you can be sentenced up to the original twelve months, plus any time for any offenses that may have led to your community control status having been revoked. Your husband should be entitled to call his attorney immediately.

Typically, a person charged with a probation violation will be brought before the court for an arraignment within a reasonable time. This may vary depending on the court. As for the possible punishment for the violation if he is found guilty, that would depend on why he is on probation and what the violation is.

Quite a while, actually. The process on a probation violation allows the person in custody to have a hearing on the violation, but the penalties for a violation can be up to the full sentence that was available on the original case. For example, if a case had a max sentence of 1 year county jail and no time was served, then that one year is still available for the violation. If 30 days had been served originally, then 11 months would be available on the violation. I would speculate that the matter has been to court and that the lawyer is working on the case. If there was a time waiver, then the person would remain in custody until the next hearing.

They usually get hearings set for those pretty quickly, within a week most of the time or two at the absolutely most. How long has he been in there? Have his lawyer check to see what the hold up is if he has been in there longer than that. The good this is that he will be building up jail credit during the time so if the judge sentences him to jail, it will be reduced by that time he's spent in there or else he could get time served.

In Colorado, it can depend upon the reason why he is being detained. Was the probation violation for a new charge? Is it based upon a technical violation? Did he already have a revocation hearing and waiting for sentencing? When your husband goes to court, he can bring it to the court's attention about lack of communication with his attorney if he has an issue with that. His probation officer (if his probation was supervised) should be able to provide an idea of how long he has to wait, again depending upon why he is being detained.

It depends what the original charge was which gave rise to the probation. For example, if the original charge had a statutory maximum of 1 year, and he did not do any time, then the Judge can give him up to 1 year (ie. max out his probationary exposure).

Ask a Local Attorney

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.